Applicant Name:  ?????

Application Receipt Date: 2011/12/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests, in effect, that his uncharacterized discharge be changed to honorable and medical discharge.  He states, in effect, that while he was in boot camp, he developed dizziness and felt like passing out when going from sitting to standing or laying to standing, and when on the tower during training.  He states he had medical tests that revealed a condition of orthostatic hypotension and he is now being treated.  In his attached self-authored statement, he provides that the following issues are the reasons he believes his discharge should be upgraded to honorable for medical reasons, and he is submitting evidence for why anything less than honorable does not apply to his case.  Medical or physical problems that had impaired his ability to serve--during his training, he developed bouts of dizziness and felt the need to pass out multiple times while undergoing activities.  One activity, in particular, the 70-foot tower, he experienced the symptoms so severely, that he had to inform the sergeant that he could not complete the training for fear of passing out.   His eyes had started to roll back into my head, when immediately another commanding officer grabbed him and carried him down the tower.  At that point, he was told that he could no longer train and was informed that he was going to be discharged.  On July 5, 2011, he was discharged and after returning home, he continued to experience the symptoms.  He was admitted to the hospital and had to go through different tests until the doctors confirmed the diagnosis. The cause of his symptoms was related to orthostatic hypotension which was confirmed by the tilt table test.  He was then placed on two medications to prevent his heart rate and blood pressure from dropping to treat these symptoms.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 110628
Discharge Received: 			   Date: 110706   Chapter: 5-11    AR: 635-200
Reason: Failed Medical/Physical/Procurement Standards	   RE:     SPD: JFW   Unit/Location: Co A, 701st MP Bn, 14th MP Bde, Fort Leonard Wood, MO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 110411 (IADT)    Current ENL Term: 6 Years  ?????
Current ENL Service: 	00 Yrs, 02 Mos, 26 Days ?????
Total Service:  		00 Yrs, 02 Mos, 26 Days ?????
Previous Discharges: 	USAR (110106-110410) / NA
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 103   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for failure to adapt to military life, refusal to participate in training, and for lack of motivation, with an uncharacterized discharge.  He was advised of his rights.  
       
       On 28 June 2011, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge.  
       
       On 29 June 2011, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 11, of this regulation, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status.  This provision of the regulation applies to Soldiers who cannot meet the minimum standards for training, have demonstrated that they are not qualified for retention because they can not adapt socially or emotionally to military life or because they lack the aptitude, ability, motivation or self discipline for military service, or they have demonstrated characteristics not compatible with satisfactory continued military service.  For separation under this Chapter the regulation requires an uncharacterized discharge.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue and documents submitted with his application, the analyst determined that notwithstanding the propriety of the applicant's discharge, the record shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 5-11, block 26 separation code as "JFW," and block 28, narrative reason for separation as “Failed Medical/Physical/Procurement Standards.”  Moreover, there is no evidence in the applicant's record that indicate any proceedings of an Entrance Physical Standards Board (EPSBD) that indicate the applicant had a medical condition which disqualified him for enlisted and that it existed prior to entry on active duty. 
       
       The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized.  Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  
       
       A general, under honorable conditions discharge is not authorized under ELS conditions.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined no such unusual circumstances were present in the applicant’s record and the former Soldier’s service did not warrant an honorable discharge.  
       
       The applicant contends that his discharge should be upgraded to honorable and for medical reasons.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he may have been unjustly discriminated.  In fact, the applicant’s numerous negative counseling statements justify a documented pattern of performance, in that he lacked the necessary motivation, adaptability, self-discipline, ability, or attitude to become a productive Soldier.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation or further evidence in support of his request for an upgrade of his discharge.  
       
       In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, to indicate separation authority as AR 635-200, Chapter 11; block 26, separation code as "JGA"; and block 28, reason for separation as “Entry Level Performance and Conduct,” which was approved by the separation authority.   
       
       Except for the foregoing modifications, as stated above, and based on the available evidence, the analyst presumes government regularity in the discharge process and determined the reason for discharge as approved by the separation authority and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 May 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 15 November 2011; Medical documents, dated  July/August 2011.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  Further, notwithstanding the propriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 5-11, block 26 separation code as "JFW," and block 28, narrative reason for separation as “Failed Medical/Physical/Procurement Standards.”  The Board voted to administratively correct block 25, separation authority to read “AR 635-200, Chapter 11”; block 26, separation code to read "JGA"; and block 28, narrative reason for separation to read “Entry Level Performance and Conduct,” as it was approved by the separation authority. 





















        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to:  Entry Level Performance and Conduct
Other: Separation Authority as AR 635-200, Chapter 11 and Separation Code to read "JGA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder



















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110024577
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